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PENNINGTON v. DOLLAR TREE STORES, INC.

No. Civ.A. 99-116.

104 F.Supp.2d 710 (2000)

Linda D. PENNINGTON, Plaintiff, v. DOLLAR TREE STORES, INC. and Glimpcher Realty Trust, Defendants.

United States District Court, E.D. Kentucky.

July 17, 2000.

Attorney(s) appearing for the Case

Gordon J. Dill, Ashland, KY, Steven K. Dankof, Dayton, OH, Roger W. Hall, Hanbury & Hall P.S.C., Ashland, KY, Thomas J. Intili, Dayton, OH, for Linda D. Pennington, plaintiff.

Edward B. Atkins, Todd & Smith, Pikeville, KY, for Dollar Tree Stores, Inc., defendant.

William P. Emrick, McKenzie, Woolery, Emrick & Webb, P.S.C., Ashland, KY, for Glimpcher Realty Trust, defendant.

William H. Jones, Jr., Leigh Gross Latherow, VanAntwerp, Monge, Jones & Edwards, Ashland, KY, for IPC International Corp., defendant.

MEMORANDUM OPINION AND ORDER

HOOD, District Judge.

This matter is before the Court on Defendants' joint motion for summary judgment [Record No. 34]. Plaintiff has responded [Record No. 40] to which the defendants have replied [Record No. 42]. The Court makes the following findings of fact and conclusions of law.

FINDINGS OF FACT

Defendant Dollar Tree operates a store by the same name in the Ashland Town Center Mall located in Ashland...

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